Allowed

Union Bank of India v. Mrs. Bolagoti Kotagala Mallamma

DRT4 Jul 2025OA/399/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by Union Bank of India for recovery of a loan sum of Rs.32,11,636.36 with interest from two defendants who remained absent. The court held the defendants jointly and severally liable for the claim secured by mortgage properties and ordered the issue of a recovery certificate.

What did the court decide?

Defendants to pay Rs.32,11,636.36 with interest @10.20% p.a.; mortgage properties to be realized; recovery certificate to be issued.

Union Bank of India versus Mrs. Bolagoti Kotagala Mallamma — Company and Corporate | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE O4TH DAY OF JULY, 2025 PRESENT: SH. MMESHWAR Ko. o^u'or^[ti;r?..."fl^{', L. LB. (Hons. ), M.A.}

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ORIGINALAPPLICATIoN No: 399 oF 2025

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Union Bank of India., Yemmiganur Branch BJR Complex, Gandhi Naoar Opp. Lane to Bus Stand piark noao Yemmiganur, Kurnool _ 51g360. Rep. by its^principal Officer and Manager.

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.....Applicant.

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Versus

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Mrs. Bolagoti Kotagala Mallamma W/o. Veerabhadra Gowd Aged about 77 years, Female Occ: Agricutture, R/o.D.No. 18-533 Devi Nivas, Near Solar Water Works Yemmiganur, Kurnool, A.p _ 51g360.

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lYr. B K Nagraju coud S/o. Veerabhadra Gowd Aged about 57 years, Male Occ: Agriculture, R/o.D.No. 18_533 Devi Nivas, Near Solar Water Works Yemmiganur, Kurnool, A.p _ 51g360.

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... Defendants

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Counsel for the Applicant

Defenda nts

M/s.N.V.Subba Raju

Ex- pa rte

:: ORDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.32,11,636.36ps towards Loan A/c. No. 189325030000010 from the defendants joinUy^ and severally .^-AYrtm,,. t^c, /' ,/ /1 .-'t<\1, - / t / ^r^r l.'./

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oA.NO.399/2025

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with future interest^{@1O2oolo p awith monthly restsfrom} 01,02.2025^{till the date of realizationalong with costsand in} default^{for sale of OA scheduleproperties'}

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Dl and 2.^{TheY were set ex-Parteon}

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1. Summons^{served on} absent and^{no representation'}

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25.06.2025^{as called}

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Bank examined^{Sanjeet Kumar, SeniorManager'}

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1. The APP|icant as AW-1^and marked 13^{documents through him as Ex A l to} Ex. A.13.

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Ld. Counsel^{for the APPIicant} Bank reported^ordersmaYbe the material Placed^{on record.}

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passed through merits.^Perused

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The^point that^{arises for considerationis:-}

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Whether the Applicant^{Bank is entitled} for the claim^{madein the OA against} the Defendants^{and OA schedule} properties?

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As stated supra,^{the Defendants remained ex-parte'The} Evidence Affidavit^{coupled with the recitals in the documents} viz., Exs. A.1 to A.13^{marked on behalf of the Applicant Bank} clinches the claim^{of the Applicant Bank against the Defendants.} Hence, I hold that the^{Defendants are jointlyand severally liable} to pay the OA claim to the^{Applicant Bank with futureinterest} and costs.

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In the result, the^present original^{Application No.399/2025is} allowed as under:^-

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i) The Defendants are^jointly and severally liable to^pay to the Applicant Battk a sum. of No''*

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oA.NO.399/20.25

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Rs.32,11,636.36ps towards Loan^A/c.No. 189325030000010 with future^interest @10.20%^{p.a. simple from the dateof} application till^{the date of realization;}

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ii) the OA claim^{is secured by way of mortgage} of^{properties described in the schedule} annexed^{to the OA and the applicant bank is} entitled to^{proceedagainst the same to} realise^{its debt;}

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iii) the^{applicant bank is also entitled to proceed} against^{the person and properties of} defendants^{for realization of its dues;}

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iv)^{the applicantbank is entitled for the costs'}

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The^{Applicant Bank is directed to file Cost Memo within2 weeks}

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1. t"e^{or receiPtor this order'} ;:;;;

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Issue^{Recovery Certificate accordingly'}

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Union Bank of India v. Mrs. Bolagoti Kotagala Mallamma

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Mrs. Bolagoti Kotagala Mallamma

Case brief

What is this about?

What did the court decide?

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